E-mail messaging systems are widely used by businesses and individuals throughout the world allowing for the exchange of electronic messages between users. An e-mail system can be configured to provide messaging services to users connected to a local area network (LAN), and can be configured to allow users to send/receive messages to/from users outside the LAN via an external network wide are network (WAN), such as the Internet. E-mail systems also allow users to save, copy, and forward messages received over the e-mail system.
E-mail communications have been the subject of much debate as to whether the attorney-client privilege applies. The legal requirement for establishing privilege for e-mail communications varies from jurisdiction to jurisdiction, but the general rule is that privilege attaches when the parties intend that the communication is confidential and furthers the legal representation of the client. There is much debate and no clear indication, however, as to what evidences an intent to maintain confidentiality in e-mail communications because of the nature of the communication. During transmission to its destination, e-mails travel over various hardware belonging to various parties. Any communication to a party outside the legal representation relationship threatens a loss of the privilege for the content of the communication if an intent to maintain confidentiality is not found.